We purchased a timeshare with Westgate in Gatlinburg, TN March 2010. In November 2020, after frustrations with WG & personal reasons, we tried to Deed Back 2 timeshares. All mortgages were paid off & maintenance fees were never late. We were denied.
– Branson, MS River Terrace – Gatlinburg, TN Smoky Mountain Resort – Gatlinburg, TN River Ranch Resort & Rodeo – Lake Wales, FL Flamingo Bay Resort – Las Vegas, NV Westgate Las Vegas Resort & Casino – Las Vegas, NV Myrtle Beach Oceanfront Resort – Myrtle Beach, SC Lakes Resort & Spa – Orlando, FL Palace Resort – Orlando, FL Towers Resort – Orlando, FL Town Center Resort & Spa – Orlando, FL Vacation Villas Resort & Spa – Orlando, FL Park City Resort & Spa – Park City, UT Historic Williamsburg Resort – Williamsburg, VA Blue Tree Resort – Orlando, FL Painted Mountain Resort – Mesa, AZ South Beach Oceanfront Resort – Miami, FL Tunica Resort – Robinsonville, MS Central Florida Investments, Inc.
In communication with WG it was mentioned that the “banking” information was in our Public Offering Statement. We then discovered we didn’t receive the POS in paper form, even though we signed the Receipt for Timeshare Documents requesting the paper form. The CD-ROMs only had the POS for WG of Park City, UT (not Gatlinburg) & the amendments were from 2006. In Tennessee, it is illegal for that document to not be included in the contract.
I have filed with the BBB, but WG continues to claim our concerns are “time-barred”. I believe that in stating it is “time-barre” WG may be admitting to wrongdoing but claiming we just didn’t find it soon enough. However, a clear case of fraud, deception, or concealment, for instance, where the plaintiff is misled into believing that the wrongful act did not occur cancels out any claim to “time-barred”. Also, the statute of limitations does not begin to run until the plaintiff reasonably should have discovered that he or she has a claim. This equitable doctrine is called the “discovery rule.” We did not discover that we didn’t have the correct documents until 11/2020. There are many lawsuits involving hundreds of owners, regarding Wg & deceit (Hambacker, Moore, Overton, Sparks). These Lawsuits mention deception that occurred in a “standard practice” way.